HomeMy WebLinkAboutItem 19 - Kimball HillMEMO TO
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
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HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER 6
APRIL 17, 2001
KIMBALL HILL ROADWAY PARTICIPATION / KIMBALL ROAD/
EXISTING WATERLINE RELOCATION
City Council consider approving an amended Developers' Contract with KM Properties,
Inc., authorizing the expenditure of $ 59,000 in City funds for the relocation of the
existing waterline in Kimball Road, authorize staff to execute said contract, and take any
necessary action.
FUNDING SOURCE:
Funds are currently available from 95 Utility Bonds in account number 200-48930-534-1-
000011 WA.
BACKGROUND:
City Council approved the initial Developer Contract with KM Properties, Inc. on
December 19, 2000. The contract authorized the use of periphery street fees
associated with the Kimball Hill Addition to pay for the lowering of Kimball Road, which
provided improved horizontal and vertical visibility.
Final design of the Kimball Road improvements and exploration in the vicinity of the
existing 8 -inch waterline has revealed that the waterline will be in conflict with the lower
pavement section. The cost to lower the line, estimated at $59,000.00, will be funded by
the City. State law allows City participation with a private developers' contract for the
construction of public improvements if the City's participation is no more than 30% of the
total public improvements cost. The City's cost for this waterline falls below the 30%
threshold.
Staff recommends approval.
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0:\agend\041701pw\Amend_DevContract_Kimball Hill.agm
April 11, 2001 (9:33AM)
STATE OF TEXAS §
COUNTY OF TARRANT § DEVELOPER'S CONTRACT
AMENDED
CITY OF GRAPEVINE §
WHEREAS, K. M. Properties, Incorporated, a corporation authorized to do
business in the State of Texas, hereinafter referred to as "Developer", is the owner of a
tract of land in the City of Grapevine, Tarrant County, Texas, a Texas home -rule City,
hereinafter referred to as "City", which tract of land ("Subject Property") is located abutting
Kimball Road; and
WHEREAS, Development of Subject Property necessitates the construction of a
public street solely at the Developer's cost to provide principal access to Kimball Road;
and
WHEREAS, the City's approved Thoroughfare Plan identifies Kimball Road as a
Type "F" Two Lane Collector Roadway; and
WHEREAS, the City, at its sole discretion, may require the adjacent developer to
construct the adjacent Thoroughfare in lieu of providing Periphery Street Fees; and
WHEREAS, the construction of a 450 foot long segment of Kimball Road is not
desirable at this time; and
WHEREAS, the location of the proposed street connection of Kimball Court and
Kimball Road poses horizontal and vertical sight distance restrictions resulting in an
undesirable intersection; and
WHEREAS, the Periphery Street Fees required of the proposed development for
Kimball Road are $ 66,280.22, (439'x $ 150.98/1f); and
WHEREAS, an alternative approach to the construction of the pavement section to
comply with City standards by the Developer has been proposed; and
WHEREAS, the Developer will construct the necessary roadway excavation to
provide for improved vertical and horizontal sight distances meeting the design speeds for
the Thoroughfare and will provide for a stabilized subgrade and a 24 foot wide 5" HMAC
pavement section, the "Project"; and
WHEREAS, the cost of the Project, estimated to be $ 51,000.00 will be borne by
the Developer and deducted from the Developer's Periphery Street Fees upon completion
of the construction and certification of the units and costs by the developer's licensed
consultant; and
WHEREAS, the balance of the Periphery Street Fees will be due to the City upon
completion of the Project, determination of the final cost, and prior to release of the
development for Building Permits; and
WHEREAS, the design and construction of the Project shall be undertaken by the
Developer; and
WHEREAS, for the purposes of this Developer Contract, the City and the
Developer agree that the `Total Cost" shall be defined as the final construction cost of the
Project including Construction and Material Testing; and
WHEREAS, the Developer and City agree that the scope of the Project shall
consist of the construction of the roadway from a two lane pavement section with limited
vertical and horizontal visibility to a twenty-four feet wide two lane, 5" thick HMAC
pavement section on a 6" stabilized subgrade with vertical and horizontal geometrics
meeting the design speeds of a Type "F" Collector Roadway, roadway excavation
sufficient for a future thirty-six foot wide pavement section with curb and gutter and
sidewalks, including the necessary pavement transitions to meet the existing pavement;
and
WHEREAS, the Developer agrees that the construction contractor shall be
required to provide a maintenance bond. Said maintenance bond shall be issued by a an
approved surety company holding a permit from the State of Texas to act as surety (and
acceptable according to the latest list of companies holding certificates of authority from
the Secretary of the Treasury of the United States), shall be issued in the name of the
City of Grapevine, shall be issued in an amount of twenty-five percent (25%) of the total
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construction cost of said roadway, and shall extend for a period of two years from the
date of acceptance of said roadway improvements by the City; and
NOW, THEREFORE, the parties to this Contract, the City and the Developer, do
enter into this Developer Contract, for good and valuable consideration, the receipt and
sufficiency of such consideration being hereby acknowledged, and in the mutual promises
and mutual benefits that flow to each party, do hereby contract, covenant, warrant, and
agree as follows:
Section 1. That all matters stated in the preamble above are found to be true
and correct and are incorporated into the body of this Developer Contract as if copied
verbatim in their entirety.
Section 2. That the Developer hereby agrees to construct the Project as herein
described to provide improved geometrics necessary for the access from the proposed
development of Subject Property. The Project shall comply with City ordinances.
Section 3. The Developer hereby agrees, at its sole cost, to employ a civil
engineer registered in the State of Texas to prepare and seal the construction plans of
the Project prior to construction.
Section 4. The Developer hereby agrees, at its sole cost, to contract with said
registered civil engineer to provide Construction Phase Engineering Services to the City
during the construction of the Project.
Section 5. That the Developer agrees to construct the Project and to apply the
Developer's Periphery Street Fees toward the Total Cost of the Project, as established in
this Developer Contract. The Developer shall deposit with the City by certified check the
balance of his Periphery Street Fees upon the completion of the Project and prior to the
City issuing Building Permits for Subject Property.
Section 8. Indemnity Provisions. The Developer shall waive all claims,
fully release, indemnify, defend and hold harmless the City and all of its officials,
officers, agents, consultants, employees and invitees in both their public and private
capacities, from any and all liability, claims, suits, demands or causes of action,
including all expenses of litigation and / or settlement which may arise by injury to
property or person occasioned by error, omission, intentional or negligent act of
Developer, its officers, agents, consultants, employees, invitees, or other person,
arising out of or in connection with this Contract, or on or about the property, and
Developer will, at its own cost and expense, defend and protect the City and all of its
officials, officers, agents, consultants, employees and invitees in both their public and
private capacities, from any and all such claims and demands. Also, Developer agrees
to and shall indemnify, defend and hold harmless the City and all of its officials, officers,
agents, consultants, employees and invitees in both their public and private capacities,
from and against any and all claims, losses, damages, causes of action, suit and liability
of every kind, including all expenses of litigation, court costs and attorneys' fees for
injury to or death of any person or for any damage to any property arising out of or in
connection with this Contract or any all activity or use pursuant to the Contract, or on or
about the property. This indemnity shall apply whether the claims, suites, losses,
damages, causes of action or liability arise in whole or in part from the intentional acts
or negligence of develop or any of its officers, officials, agents, consultants employees
or invitees, whether said negligence is contractual, comparative negligence, concurrent
negligence, gross negligence or any other form of negligence. The City shall be
responsible only for the City's sole negligence. Provided, however, that nothing
contained in this Contract shall waive the City's defenses or immunities under Section
101.001 et seq. of the Texas Civil Practice and Remedies Code or other applicable
statutory or common law.
Section 9. Indemnity Against Design Defects. Approval of the City
Engineer or other City employee, official, consultant, employee, or officer of any plans,
designs or specifications submitted by the Developer under this Contract shall not
constitute or be deemed to be a release of the responsibility and liability of the
Developer, its engineer, contractors, employees, officers, or agents for the accuracy
and competency of their design and specifications. Such approval shall not be deemed
to be an assumption of such responsibility or liability by the City for any defect in the
design and specifications prepared by the consulting engineer, his officers, agents,
servants, or employees, it being the intent of the parties that approval by the City
Engineer or other City employee, official, consultant, or officer signifies the City's
approval of only the general design concept of the improvements to be constructed. In
this connection, the Developer shall indemnify and hold harmless the City, its officials,
officers, agents, servants and employees, from any loss, damage, liability or expense
on account of damage to property and injuries, including death, to any and all persons
which may arise out of any defect, deficiency or negligence of the engineer's designs
and specifications incorporated into any improvements constructed in accordance
therewith, and the Developer shall defend at his own expense any suits or other
proceedings brought against the City, its officials, officers, agents, servants or
employees, or any of them, on account thereof, to pay all expenses and satisfy all
judgements which may be incurred by or rendered against them, collectively or
individually, personally or in their official capacity, in connection herewith.
Section 10. Approval of Plans The Developer and City agree that approval of
plans and specifications by the City shall not be construed as representing or implying
that improvements built in accordance therewith shall be free of defects. Any such
approvals shall in no event be construed as representing or guaranteeing that any
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improvement built in accordance therewith will be designed or built in a good and
workmanlike manner. Neither the City nor its elected officials, officers, employees,
contractors and/or agents shall be responsible or liable in damages or otherwise to
anyone submitting plans and specifications for approval by the City for any defects in
any plans or specifications submitted, revised, or approved, in the loss or damages to
any person arising out of approval or disapproval or failure to approve or disapprove
any plans or specifications, for any loss or damage arising from the non-compliance of
such plans or specifications with any governmental ordinance or regulation, nor any
defects in construction undertaken pursuant to such plans and specifications.
Section 11. No Building Permits shall be issued for Subject Property until the
Developer has completed the Project and has paid the outstanding Periphery Street
Fees to the City.
Section 12. Upon completion of the construction of the Project, the Project and
all appurtenances thereto shall become the property of the City.
Section 13. This Contract shall not be assignable without the express written
consent of City and Developer.
Executed this. Day of 2001.
FRANAMM2M
(Typed Name of Developer)
City Attorney
61
Roger Nelson, City Manager
STATE OF
COUNTY OF
Before me, a notary public, on this day personally appeared
known to me to be the person
whose name is subscribed to the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of ,
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
STATE OF
COUNTY OF
Before me, a notary public, on this day personally appeared
, known to me to be the person
whose name is subscribed to the foregoing document and acknowledged to me that he
executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of ,
__............... .
Notary Public Signature
Notary Public Printed or Typed Name
My commission expires:
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